The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Summary of Grounds for Appeal

1. The Defendant did not commit a theft, such as misunderstanding of facts or misunderstanding of legal principles, by inserting 109,000 won of the victim’s money in Australia, and did not have any intention or intention of unlawful acquisition of larceny. Therefore, it does not constitute larceny, which is a premise for quasi-Robbery.

② Moreover, there is no fact that the Defendant assaulted the victim for the purpose of resisting the recovery of KRW 109,00.

③ Even if the Defendant attempted to steal the above KRW 109,00, the Defendant abused the victim with the intent to resist the recovery.

Even if the crime of quasi-Robbery is judged based on the number of larcenys, it cannot be viewed as the number of quasi-Robberys because the theft of the defendant is involved in the attempted larceny.

The imprisonment with labor (three years and six months) imposed by the court below on the defendant is too unreasonable.

Judgment

In the case of an ex officio judgment, the prosecutor completed the execution of each sentence of all the previous facts charged in the judgment of the court, and applied for an amendment to a bill of amendment to the indictment by adding "(i) to "(ii) the execution of each sentence has been completed, and (iii) the following crimes have been committed in a state of mental disorder due to polar disorder, etc. with mental symptoms, and (iv) this court has changed the subject of the judgment by permitting it, so the judgment of the court below cannot be maintained

However, the judgment of the court below is reversed ex officio as above.

Even if the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court.

With regard to the assertion of misunderstanding of facts or misapprehension of legal principles, the court below rejected each of the above arguments in detail under the title "the judgment on the argument of the defendant and his defense counsel" in the judgment of the court below, by stating in detail each of the above arguments and its decision. The above judgment of the court below is related to the relevant legal principles and this.